The genetic information and nondiscrimination act of 2008 gina, public law 110233, codified at 42 u. Glossarygenetic information nondiscrimination act of 2008 ginaa federal law prohibiting employment discrimination against employees and applicants based on genetic information 42 u. Title i of gina addresses the use of genetic information in health insurance. The genetic information nondiscrimination act gina pdf was signed into law on may 21, 2008. Genetic information nondiscrimination act wikipedia. The president signed the act into law on may 21, 2008. On may 21, 2008, the genetic information nondiscrimination act of 2008.
Electronic code of federal regulations ecfr title 29. The genetic information nondiscrimination act of 2008 gina fact. Providerstaticfilespdftools%20and%20resourcespolicies%. Nondiscrimination act of 2008 gina and its applications to clinical practice. The genetic information nondiscrimination act of 2008 gina. On may 21, 2008, president bush signed into law a bill forbidding insurance companies and employers from discriminating against an individual based on their genetic information. Genetic information nondiscrimination act of 2008 gina. The genetic information nondiscrimination act of 2008 gina congressional research service rl34584 version 15 updated 2 background human genome research almost all diseases have a genetic component and, therefore, genomic research has the potential to reduce the collective burden of diseases in the general population. The previous comment deadline was december 29, 2015. Selected issues showing 14 of 10 pages in this report. Department of the treasury office of civil rights and. The department requires operating administrations to be in full compliance with the gina on the effective date of the act november 21, 2009 background. In a january 2008 survey of 4,659 americans about their attitudes regarding genetic testing, 74% reported that it would be very important to them that it would be illegal for insurers and employers to have access to their.
Title i, which amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code, addresses the use of genetic information in. Gina provides a baseline level of protection against genetic discrimination for all americans. Federal law relating to genetic discrimination prior to gina. Bush signed the genetic information nondiscrimination act gina into law on may 21, 2008. Title i, which amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code, addresses the use of genetic information in health insurance. Gina was signed into law on may 21, 2008, by president bush to protect americans from being unfairly treated due to differences in their dna that could affect their health. Congress found that many genetic conditions and disorders are associated with. Genetic information nondiscrimination act of 2008 gina the genetic information nondiscrimination act of 2008 gina prohibits discrimination in group health plan coverage based on genetic information. After years of advocacy, the genetic information nondiscrimination act hr 493, or gina, finally passed both houses of congress with strong bipartisan effort. The section of the law relating to health coverage title i. Genetic information nondiscrimination act gina gina is a federal law that prohibits discrimination in health coverage and employment based on genetic information. Genetic information nondiscrimination act of 2008 gina llsdc. Implementation of the genetic information nondiscrimination act of 2008 gina issue.
Request pdf keeping pace with the times the genetic information nondiscrimination act of 2008 on may 21, president george bush signed the genetic information nondiscrimination act gina. End further info end preamble start supplemental information supplementary information. This act may be cited as the genetic information nondiscrimination act of 2008. Genetic information nondiscrimination act of 2008 title ii of the genetic information nondiscrimination act gina of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of. The act bars the use of genetic information in health insurance and employment. An overview of the genetic information nondiscrimination act. On october 30, 2015, the eeoc published the proposed rule the genetic information nondiscrimination act of 2008 in the federal register 80 fr 66853. The genetic information nondiscrimination act gina, passed by congress in 2008 and enforced by the eeoc, prevents employers from requesting genetic information or making employment decisions based on genetic information. Bush signed the genetic information nondiscrimination act gina into law. Under title ii of gina, it is illegal to discriminate against employees or applicants because of genetic information. Title i of gina prohibits discrimination based on genetic information in health. Requests for this notice in an alternative format should be made to the office of communications and legislative affairs at 202 6634191 voice. Protect the confidentiality of genetic information should be expanded, 62 baylor l.
The genetic information nondiscrimination act of 2008 u. The genetic information nondiscrimination act of 2008 gina is a federal law that prohibits discrimination in health coverage and employment based upon genetic information. According to, hipaa was the first step toward restricting the use of genetic information by limiting its use in setting. Oregon genetic privacy statutes compared with genetic information nondiscrimination act of 2008. Health insurers are prohibited from requiring or requesting information of an individual or an individuals family members. Genetic information nondiscrimination act gina overview. On may 21, 2008, president bush signed the genetic information nondiscrimination act of 2008 gina into law, following overwhelming support in both the house and senate. The genetic information nondiscrimination act of 2008 pub. We continue to celebrate this monumental event as the culmination of thirteen years of dedication and perseverance from the health community, led by the.
Regulations under the genetic information nondiscrimination act of. Title ii of the genetic information nondiscrimination act of 2008 gina, which prohibits genetic information discrimination in employment, took effect on november 21, 2009. On may 21, 2008, the genetic information nondiscrimination act of 2008 gina, referred to by its sponsors as the first civil rights act of the 21 st century, was enacted. Kimberly montalvo genetic information nondiscrimination act of 2008 key components of the genetic nondiscrimination act 2008 h. The genetic information nondiscrimination act of 2008 gina is a federal. To comply with this law, we are asking that you not provide any. Gina protects individuals against discrimination based on their genetic information in health coverage and in employment. The genetic information nondiscrimination act of 2008 gina is a federal law that protects people from genetic discrimination in health insurance and employment. The section of the law relating to health coverage title i generally will take effect between may 22, 2009, and may 21, 2010. A survey of the personal attitudes of cancer genetics specialists showed that 68% of respondents would not bill their own insurance companies for cancerrelated genetic testing due to fears of discrimination, and 26% said they would use an alias when being tested. Title ii prohibits the use of genetic information in. Nor can this information be used for decisions regarding coverage, rates, or.
The genetic information nondiscrimination act of 2008 gina prohibits employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by law. Title ii prohibits the use of genetic information in employment, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of. The commission is extending the comment period in response to a stakeholder request. Genetic information nondiscrimination act of 2008 title i. The genetic information nondiscrimination act of 2008, is an act of congress in the united states designed to prohibit the use of genetic information in health insurance and employment. Genetic information nondiscrimination act of 2008 and eeocs. The genetic information nondiscrimination act of 2008 gina is a federal law that protects individuals from genetic discrimination in health insurance and employment. The purpose of this act was to provide the american public and medical community a standard to protect the public. Gina, which will take effect in 18 months, prohibits discrimination on the basis of genetic information, and makes changes to numerous laws. Genetic information nondiscrimination act of 2008 and eeoc. Gina expands the genetic information protections included in the health insurance portability and accountability act of 1996 hipaa.
Genetic information nondiscrimination act of 2008 and eeocs proposed regulation u. Bush signed the genetic information nondiscrimination act of 2008 gina, public law 110. The genetic information nondiscrimination act of 2008 gina prohibits employers and other entitles covered by gina title ii from requesting or requiring genetic information of employees or their family. Individuals first must file a claim with the equal employment. In 2011, california passed the california genetic information nondiscrimination act calgina, which extended protections even further to prohibit genetic discrimination in emergency medical services, housing, mortgage lending, education, and other statefunded programs.
Oregon genetic privacy statutes compared with genetic. This guidance is specific to research involving genetic testing. Pdf the need to be aware and beware of the genetic information. The genetic information nondiscrimination act of 2008 p. Genetic information nondiscrimination act of 2008 2008. Its in title published by scholarly commons at hofstra law, 2011. The genetic information nondiscrimination act of 2008, referred to as gina, is a new federal law that prohibits discrimination in health coverage and employment based on genetic information. The genetic information nondiscrimination act of 2008 gina prohibits discrimination in group health plan coverage based on genetic information. Page 1 genetic information nondiscrimination act of 2008 overview on may 21, 2008, president bush signed into law the genetic information nondiscrimination act of 2008 gina. Genetic information does not include information about the sex or age of any individual. Equal employment opportunity commission office of legal counsel. Genetic information nondiscrimination act of 2008 gina gina is a federal law that prohibits discrimination in employment and health coverage on the basis of genetic information. The genetic information nondiscrimination act of 2008 national.
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